Category Archives: Nexus

S.D.Ohio: Nexus shown between Facebook account and offense, despite 19 paragraphs of boilerplate

The government showed nexus between defendant’s Facebook account and the crime under investigation to justify the warrant, despite 19 paragraphs of boilerplate. United States v. Mize, 2020 U.S. Dist. LEXIS 166759 (S.D. Ohio Sept. 11, 2020):

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OH2: Conduct two days before seeing defendant on street justified stop

The officer’s conclusion that the car associated with defendant had fled from him two days earlier had support in the record, and there was reasonable suspicion for the stop. State v. Stanton, 2020-Ohio-4087, 2020 Ohio App. LEXIS 2978 (2d Dist. … Continue reading

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CA3: FBI notice of being “armed and dangerous” justified stop and furtive movement a frisk

“Here, McKee testified that the FBI notice describing Robinson stated that he was armed and dangerous. McKee also testified that Robinson failed to comply with his first order to put his hands up and kept reaching for his waistband. These … Continue reading

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CA6: Lack of minimal nexus is lack of PC and no GFE

The district court held the affidavit for drugs in defendant’s house was lacking nexus and probable cause for lack of good information and the good faith exception didn’t apply. Affirmed. United States v. Ward, 2020 U.S. App. LEXIS 23607 (6th … Continue reading

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PA: State waived challenge to def’s reliance on state constitution

The state waived its challenge to the defendant’s reliance on the state constitution by failure to litigate it below. Waiver claims have to be applied evenhandedly between the state and defendants. Commonwealth v. Wolfel, 2020 Pa. LEXIS 3797 (July 21, … Continue reading

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CA6: Lack of notice of right to refuse consent is a factor on totality and not determinative

Defendant wasn’t entitled to notice of his right to refuse consent, and he argues that’s nearly determinative on the totality. It’s not: “So, Taylor’s argument amounts to a contention that, in evaluating the totality of the circumstances, the district court … Continue reading

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NY2: Arrest for burglary justifies SI of backpack

Defendant’s arrest for burglary, a violent crime, and his uncooperativeness justified a search incident of his backpack for possible weapons. People v. Mabry, 2020 NY Slip Op 03540, 2020 N.Y. App. Div. LEXIS 3583 (2d Dept. June 24, 2020). There … Continue reading

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W.D.Tenn.: Affidavit was conclusory as to drugs at drug dealer’s home [but it’s easy to fix next time]

The affidavit for search warrant failed to show nexus between defendant’s alleged drug dealing a month earlier and his residence. “The only information included in the affidavit to support this conclusory belief is the fact that Defendant, who happens to … Continue reading

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GA: Trash search here didn’t provide nexus to def’s house

Because the time and manner of the placement of the trash here presented no factual confidence that the trash came solely from defendant’s house, the trial court was permitted here to conclude that the trash came from more than one … Continue reading

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E.D.Pa.: FIPF is continuing offense and reasonable inference is firearm would be kept at home

Felon in possession of a firearm is a continuing offense, and it’s reasonable to infer defendant would keep the firearm he was suspected of having in his home. That’s sufficient for nexus. United States v. Golden, 2020 U.S. Dist. LEXIS … Continue reading

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CA6: Alleged lack of nexus in showing of PC saved by GFE

Defendant challenges the lack of nexus of his alleged conduct to the premises, but it doesn’t matter because the good faith exception applies. United States v. Novak, 2020 U.S. App. LEXIS 17133 (6th Cir. May 29, 2020). Inconsistent and implausible … Continue reading

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D.N.M.: Violated no REP to open driver door to read VIN where dashboard number obscured

It was reasonable to open a car door to read the VIN on the doorjamb under New York v. Class because the officer couldn’t see the one on the dashboard because of the glare of the sun. Otherwise, there was … Continue reading

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IL: Failure to show nexus even by inference of def’s connection to premises in SW was a failure of PC

The state failed to show nexus between defendant and the place to be searched that would show that defendant kept drugs on the premises. “To be sure, a judge issuing a search warrant is entitled to draw reasonable inferences from … Continue reading

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CA4: State court suppressed SW for lack of nexus, and then feds indicted; GFE applies to the state warrant

Defendant was prosecuted in state court for a drug related murder, and the state court suppressed the search of his house finding lack of nexus. State v. Miller, 2016 S.C. Unpub. LEXIS 28 (Mar. 30, 2016). Defendant was then prosecuted … Continue reading

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N.D.Ill.: Court approves SW for electronic devices believed connected to counterfeiting offenses in SW for home

“The government has presented an application for a warrant to search a townhome for evidence of trafficking in counterfeit United States currency. Among the items identified by the government for search and seizure are electronic devices located in the premises. … Continue reading

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CA6: No direct evidence of nexus required where a drug trafficker’s home is ID’d and he operates from there

“In fact, we have even gone so far to determine the existence of ‘a nexus between a defendant’s residence and illegal drug activity with no facts indicating that the defendant was dealing drugs from his residence.’ McCoy, 905 F.3d at … Continue reading

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